Advertising and the Transformation of Trademark Law for SSRN (original) (raw)

The paper discusses the dual role of trademark law in serving both consumer interests and the rights of trademark holders. It analyzes how trademark protection prevents consumer confusion while simultaneously recognizing the efforts and investments made by businesses in building their brands. Through the exploration of common law and statutory frameworks, the work highlights the implications of advertising on the evolution of trademark law and suggests the necessity for a balance between consumer protection and brand integrity.